BILL REQ. #:  S-1312.1 

Read first time 02/15/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to language access provider services; amending RCW 74.04.025; and adding a new section to chapter 74.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 74.09 RCW to read as follows:
     (1) The department shall endeavor to increase the use of telephonic and video remote technologies for medical interpretive services: PROVIDED, That telephone and video remote technologies may not be used in the following situations: Patients who are hard of hearing, mental health diagnosis and treatment, sharing of bad news or end-of-life scenarios, situations that require demonstrations or where visual cues are important, labor and delivery appointments, surgeries, or any other situation where the health and safety of the client would be compromised.
     (2) All medical interpretive services must be provided by language access providers certified by Washington state.

Sec. 2   RCW 74.04.025 and 2010 c 296 s 7 are each amended to read as follows:
     (1) The department and the office of administrative hearings shall ensure that bilingual services are provided to non-English speaking applicants and recipients. The services shall be provided to the extent necessary to assure that non-English speaking persons are not denied, or unable to obtain or maintain, services or benefits because of their inability to speak English.
     (2) If the number of non-English speaking applicants or recipients sharing the same language served by any community service office client contact job classification equals or exceeds fifty percent of the average caseload of a full-time position in such classification, the department shall, through attrition, employ bilingual personnel to serve such applicants or recipients.
     (3) Regardless of the applicant or recipient caseload of any community service office, each community service office shall ensure that bilingual services required to supplement the community service office staff are provided through contracts with language access providers, ((local agencies, or other community resources)) or through a single coordinating entity that contracts directly with language access providers.
     (4) The department shall certify, authorize, and qualify language access providers as needed to maintain an adequate pool of providers.
     (5) The department shall require compliance with RCW 41.56.113(2) through its contracts with third parties.
     (6) Initial client contact materials shall inform clients in all primary languages of the availability of interpretation services for non-English speaking persons. Basic informational pamphlets shall be translated into all primary languages.
     (7) To the extent all written communications directed to applicants or recipients are not in the primary language of the applicant or recipient, the department and the office of administrative hearings shall include with the written communication a notice in all primary languages of applicants or recipients describing the significance of the communication and specifically how the applicants or recipients may receive assistance in understanding, and responding to if necessary, the written communication. The department shall assure that sufficient resources are available to assist applicants and recipients in a timely fashion with understanding, responding to, and complying with the requirements of all such written communications.
     (8) As used in this section:
     (a) "Language access provider" means any independent contractor who provides spoken language interpreter services for department appointments or medicaid enrollee appointments, or provided these services on or after January 1, 2009, and before June 10, 2010, whether paid by a broker, language access agency, or the department. "Language access provider" does not mean an owner, manager, or employee of a broker or a language access agency.
     (b) "Primary languages" includes but is not limited to Spanish, Vietnamese, Cambodian, Laotian, and Chinese.